Judge denies request to open Marriott murder investigation affidavits

DOVER — A judge has denied Foster’s Daily Democrat’s request to unseal court documents pertaining to the investigation into the death of Elizabeth “Lizzi” Marriott.

Dover Circuit Court Judge Stephen Morrison cited concerns about opening the documents that included the need for holding a fair trial for murder suspect Seth Mazzaglia.

Affidavits will remain sealed to the public, he wrote in his decision, due to concerns by the state that release of the information “could make new potential witnesses reluctant to come forward and aid potential suspects to avoid prosecution,” according to the order issued Thursday afternoon.

“Of great concern is that if these affidavits are released, witnesses would tailor their statements to fit what they believe to be the facts of this case,” his statement reads.

The decision also reiterates concerns of attorneys who argue release of the documents at this time would interfere with Mazzaglia’s right to a fair trial.

Charged with second-degree murder, Mazzaglia, 29, of Dover remains held without bail at Strafford County Jail.

A request to release a redacted version of search warrant documents was denied as part of this order as well, stating this is not a case where a few names could be removed to satisfy concerns.

“It is the underlying facts and theories that are interwoven throughout the affidavit which gives rise to legitimate concerns,” the decision reads. It goes on to state there has been nothing revealed in search warrant documents or court discussions which leads the court to believe there is any threat to the public at this time.

Any party may request reconsideration of the decision after 60 days.

The New Hampshire Union Leader and the Portsmouth Herald had joined Foster’s Daily Democrat in requesting the affidavits be unsealed.